Documents and claims analyses disclosed during settlement discussions are inadmissible for the purpose of establishing Pegno/Tully or the City’s liability in the underlying action. Moreover, the claims analyses and correspondence that Five Star seeks, with the Confidentiality Agreement in place, are neither material nor necessary to the prosecution of this action.

This Court recognizes the competing public policy concerns between encouraging settlements and pre-trial disclosure, but finds that requiring disclosure would undermine future settlement negotiations.